- 1 - NC: 2025:KHC-D:254 CP NO.100226 OF 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 08TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH CIVIL PETITION NO.100226 OF 2024 BETWEEN: AMULYA D/O FAKIRAPPA YARAGUPPPI W/O ANAND YATTINAMANI AGE: 37 YEARS, OCC.: DOCTOR, R/O 130, KOTILINGESHWAR NAGAR, BEHIND KSRTC WORK SHOP, HUBBALLI – 580 024. …PETITIONER (BY SRI. VISHWANATH S. BICHAGATTI, ADVOCATE) AND: DR. ANAND S/O PRADEEP YATTINAMANI AGE: 38 YEARS, OCC.: DOCTOR, R/O CTS NO.2808/B, GURUWAR PETH, GOKAK, GOKAK TALUK – 591 307. …RESPONDENT (RESPONDENT SERVED – UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SECTION 24 OF THE CODE OF CIVIL PROCEDURE, PRAYING TO TRANSFER MATRIMONIAL CASE BEARING M.C. NO.156 OF 2024 PENDING ON THE FILE OF THE SENIOR CIVIL JUDGE, GOKAK TO PRINCIPAL JUDGE, FAMILY COURT, HUBBALLI, IN THE INTEREST OF JUSTICE AND EQUITY. V N BADIGER Digitally signed by V N BADIGER Date: 2025.01.10 16:37:42 +0530 - 2 - NC: 2025:KHC-D:254 CP NO.100226 OF 2024 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER (PER: THE HON'BLE MR. JUSTICE E.S.INDIRESH) This petition is filed by the petitioner-wife under Section 24 of the Code of Civil Procedure, seeking transfer of M.C. No.156 of 2024 pending consideration before the Senior Civil Judge, Gokak to the Court of Principal Judge, Family Court Hubballi. 2. It is the case of the petitioner-wife that the respondent-husband has filed M.C. No.156 of 2024 before the Senior Civil Judge, Gokak under Section 13(1) of Hindu Marriage Act, 1955, seeking dissolution of the marriage between the parties. The petitioner herein has stated that, she is residing with her parents at Hubballi and she is having 2½ year old baby and has to take care of the same and that apart, the distance between Hubballi and Gokak is more than 110 Kilometers, which would cause hardship to the petitioner-Wife to attend the proceedings. Hence, this petition is filed. - 3 - NC: 2025:KHC-D:254 CP NO.100226 OF 2024 3. Heard Sri. Vishwanth S. Bichagatti, learned counsel appearing for the petitioner. Respondent served and unrepresented. 4. Having taken note of the grounds urged in the petition that the petitioner-wife is residing with her parents at Hubballi and she is having 2 ½ year old child so also, the distance between the Hubballi and Gokak is more than 110 Kilometers, I am of the view that, more hardship would be caused to the petitioner-wife to attend the proceedings, if M.C. No.156 of 2024 filed by the respondent-husband before the Senior Civil Judge, Gokak is not transferred to the competent Family Court at Hubballi. It is also to be noted that the petitioner-wife has filed M.C. No.474 of 2024 under Section 9 of the Hindu Marriage Act, 1955, which is pending consideration before the Additional Family Court, Hubballi. In that view of the matter, the present petition deserves to be allowed. Accordingly, I pass the following. O R D E R 1) Civil Petition is allowed; 2) M.C. No.156 of 2024 filed by the respondent-husband on the file of the - 4 - NC: 2025:KHC-D:254 CP NO.100226 OF 2024 Senior Civil Judge, Gokak is hereby withdrawn and transferred to the Additional Family Court at Hubballi, wherein M.C. No.474 of 2024 filed by the petitioner-wife is pending consideration. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 39